How to File a Veterans Disability Claim
A veteran's disability claim is an important element of their benefit application. Many veterans are eligible for tax-free income when their claims are granted.
It's not secret that VA is behind in the process of processing claims for
veterans disability disability by veterans. The process can take months or even years.
Aggravation
A veteran might be able get disability compensation in the event of a condition made worse by their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can assist an ex-military personnel file an aggravated disabilities claim. A claimant must show through medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to a doctor's report the veteran will also need to submit medical records and lay declarations from family or friends who can confirm the seriousness of their pre-service ailments.
In a
veterans disability claim it is essential to be aware that the condition that is aggravated must differ from the original disability rating. A disability lawyer can guide an ex-servicemember on how to present sufficient medical evidence and proof that their condition was not only aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.
VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement in the claims process. Specifically,
Veterans Disability the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.
Service-Connected Conditions
To qualify for benefits, veterans must prove his or her health or disability was caused by service. This is known as "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from those who knew them during the military to prove their condition with a specific incident that took place during their time of service.
A preexisting medical issue could also be service-related in the event that it was aggravated by their active duty service and not caused by the natural progress of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service and not the natural progress of the disease.
Certain injuries and illnesses are presumed to have been caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are suspected to have been caused or worsened by military service. They include AL amyloidosis, chloracne or other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these presumptive diseases, click here.
Appeals
The VA has a procedure for appeals to appeal their decision on whether or not they will grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not take this step for you, then you're able to complete it on your own. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.
There are two options for an upscale review that you should carefully consider. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no review is given to previous decisions) review and either reverse the earlier decision or uphold it. You might or may not be allowed to submit new evidence. Another option is to request a hearing with a
veterans disability lawsuit Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss all of these issues with your lawyer who is accredited by the VA. They'll have experience and know the best option for your case. They also know the difficulties that disabled
veterans disability law firm face and can be an effective advocate for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that was acquired or worsened as a result of serving in the military. You'll have to be patient while the VA evaluates and makes a decision on your application. It could take up 180 days after the claim has been submitted before you get an answer.
Many factors affect the time it takes for VA to make a decision on your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is considered. The location of the field office that is responsible for your claim will also affect how long it takes for the VA to review your claim.
How often you check in with the VA regarding the status of your claim could affect the length of time it takes to process your claim. You can speed up the process by sending all documentation as quickly as you can. You should also provide specific details about the medical center you use, and sending any requested information.
If you think there has been a mistake in the determination of your disability, then you can request a more thorough review. This involves submitting all the facts that exist in your case to a senior reviewer who can determine whether there was a mistake in the original decision. This review does not contain any new evidence.